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(7) On the case being put up before Ansari, J., the learned Judge observed that the offence alleged to have been committed by the petitioner fell under section 211 and not only under section 182 of the Indian Panel Code and if the alleged offence could be considered to have been committed in or in relation to any proceedings in the Court of the Sub-Divisional Magistrate who had cancelled the case under section 324 then the proceedings instituted against the petitioner will have to be quashed as "sanction of the court is necessary and as admittedly no such sanction was obtained". Further as there is conflict of judicial opinion on the question as to whether a Magistrate in cancelling a report found by the police after investigation to be false and which is recommended for cancellation acts merely as an administrative or ministerial officer or as a "court", he referred it to a larger Bench. It was under these circumstances that the case was heard by us.

(8) Under clause (a) of sub-section (1) of section 195 of the Code no Court is to take cognizance of any offence punishable under sections 172 to 188 of the Indian Panel Code except on the complaint in writing of the public servant concerned or of some other public servant to whom he is subordinate. Clause (b) of that sub-section is in the following terms :- "195.(1) No Court shall take cognizance (a) * * * (b) of any offence punishable under any of the following sections of the same Code, namely, sections 193, 194, 195, 196, 199, 200, 205, 206. 207, 208, 209, 210, 211 and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, except on the complaint in writing of such Court or of some other Court to which such Court is subordinate."

(9) If a person gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant to use his lawful power as a public servant to the injury or annoyance of any person, he commits an offence under section 182 of the Indian Panel Code. The more serious offence under section 211 of the Indian Penal Code is committed when any one with intend to cause injury to a person, institutes or causes to be instituted any criminal proceedings against that person, or falsely charges that person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person.